Court Tells Indian Government to Clarify Its Stand on Criminalizing Homosexual Relations

From CDC National Prevention Information Network

January 21, 2003

New Delhi's High Court ordered India's government to respond within a month to an AIDS organization's suit seeking an end to the law that makes homosexual relations a crime, the Indian Express reported Thursday. There have been few cases in recent years of prosecution under the law that declares homosexual activity a crime punishable by up to 10 years in prison. But the Naaz Foundation, which brought the suit, said police use the threat of the law to harass homosexuals, who are afraid to come forward to seek AIDS prevention help. The foundation said the harassment is a violation of homosexuals' human rights. "Despite a number of adjournments, no affidavit is filed by the [federal government] and a last opportunity is given to it to submit it within four weeks," Chief Justice Devinder Gupta and Justice B.D. Ahmed said in their orders Wednesday.

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